Suggestion inthe matter of dv act & filling for divorce
Raviagarwal
(Querist) 08 April 2012
This query is : Resolved
Dear all,
1- DV case in trial, Documents submitted by wife revealling that cheating and fraud committed with the matrimonial family.
2-I want to file the Divorce petition on the ground of cheating and fraud commited and marriage done with an intention to extract money.
3- entire act come into picture when family of wife filled case of Domestic violence.
I have consulted with my current Advocate and one more advocate and they both have different opinion,
regarding section of HMA and other giving guidance to file separate suit for cheating, extortion, recovery etc.
4- my in-laws are thinking to sent the child present to orphanage as wife is in relation with someone else. they are ready to give divorce but demanding huge sum for the same.
kind help for suggesting me,
my present Advocate suggested me , that I can file a separate suit u/s 417 of IPC on the ground of cheating and fraud played with you and can seek divorce.
I am completely confused on getting different different views for the same matter of divorce.
Bhukth-bhogi from modern cultured wife.
thanks in advance for your guidance.
SAINATH DEVALLA
(Expert) 08 April 2012
Dear Agarwal,
Too many cooks spoil the broth.Your avdvocate is right.Proceed as per section 417 ipc.
Shonee Kapoor
(Expert) 09 April 2012
Hi Ravi,
Stick to the advocate whose advise you like better.
Both actions, a criminal complaint as well as divorce are possible in your case.
I would advise you to file both.
Please join http://forum.498a.org/ and local SIFF Chapter.
In case you think that the undersigned can be of any assistance, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 09 April 2012
See, if you are in a strong position in D.V Case it can defy her claim/relief.But she will hardly get any punishment for that. So if those grounds of fraud and cheating are available to you, you have the liberty to file divorce as well as a case under IPC to exert more pressure. But if you file under IPC there is a probability that she may file 498A.If you succeed in D.V it will help you in other cases as well.
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